U.S. Army Communications and Electronics Materiel Readiness Command, Ft. Monmouth, New Jersey (Activity) and American Federation of Government Employees, Local 1904, AFL-CIO (Petitioner) and National Federation of Federal Employees, Local 476 (Cross-Petitioner)

[ v01 p680 ] 01:0680(75)RO
The decision of the Authority follows:

1 FLRA No. 75
U.S. ARMY COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS COMMAND,
FT. MONMOUTH, NEW JERSEY
Activity
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 1904, AFL-CIO
Petitioner
AND
NATIONAL FEDERATION OF FEDERAL
EMPLOYEES, LOCAL 476
Cross-Petitioner
Assistant Secretary
Case Nos. 32-5447(RO)
and 32-5451(RO)
DECISION, ORDER AND DIRECTION OF ELECTION
UPON PETITIONS DULY FILED UNDER SECTION 6 OF THE EXECUTIVE ORDER
11491, AS AMENDED, A CONSOLIDATED HEARING WAS HELD BEFORE HEARING
OFFICER ROBERT SCHWARTZ. THE HEARING OFFICER'S RULINGS MADE AT THE
HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
THE FUNCTIONS OF THE ASSISTANT SECRETARY OF LABOR FOR
LABOR-MANAGEMENT RELATIONS UNDER EXECUTIVE ORDER 11491, AS AMENDED, IN A
MATTER SUCH AS HERE INVOLVED, WERE TRANSFERRED TO THE AUTHORITY UNDER
SECTION 304 OF REORGANIZATION PLAN NO. 2 OF 1978 (43 F.R. 36040), WHICH
TRANSFER OF FUNCTIONS IS IMPLEMENTED BY SECTION 2400.2 OF THE
AUTHORITY'S TRANSITION RULES AND REGULATIONS (44 F.R. 7). THE AUTHORITY
CONTINUES TO BE RESPONSIBLE FOR THE PERFORMANCE OF THESE FUNCTIONS AS
PROVIDED IN SECTION 7135(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (92 STAT. 1215).
UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS SUBMITTED BY
THE ACTIVITY AND THE CROSS-PETITIONER, THE FEDERAL LABOR RELATIONS
AUTHORITY FINDS:
1. THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN
EMPLOYEES OF THE ACTIVITY.
2. IN ITS PETITION, AMENDED DURING THE HEARING, PETITIONER, AMERICAN
FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO, (AFGE), SEEKS
AN ELECTION IN A UNIT OF ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES
OF THE U.S. ARMY COMMUNICATIONS AND ELECTRONICS MATERIEL READINESS
COMMAND (CERCOM) LOCATED AT FT. MONMOUTH, EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND EMPLOYEES, COMMISSARY AND COMMUNICATIONS
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES ENGAGED IN
FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. AFGE
ARGUES THAT A SINGLE COMPREHENSIVE RESIDUAL UNIT WOULD PREVENT FURTHER
UNIT FRAGMENTATION AND ENHANCE THE EFFECTIVE DEALINGS AND EFFICIENCY OF
AGENCY OPERATIONS BY PROVIDING FOR A SINGLE AGREEMENT NEGOTIATED AT
CERCOM HEADQUARTERS LEVEL. CROSS-PETITIONER, THE NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, (NFFE), SEEKS AN ELECTION IN A UNIT OF ALL
UNREPRESENTED PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF CERCOM,
OTHER THAN EMPLOYEES OF THE HEADQUARTERS AND INSTALLATION SUPPORT
ACTIVITY (HISA), LOCATED AT FT. MONMOUTH, NEW JERSEY, EXCLUDING
MANAGEMENT OFFICIALS, SUPERVISORS AND EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY. THE ACTIVITY
AND THE NFFE CONTEND, IN SUBSTANCE, THAT THE CERTIFICATION OF TWO
SEPARATE UNITS, ONE FOR ALL ELIGIBLE PROFESSIONAL AND NONPROFESSIONAL
EMPLOYEES OF CERCOM, EXCLUDING EMPLOYEES, OF HISA, AND ANOTHER UNIT OF
ALL ELIGIBLE PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF HISA,
EXCLUDING ALL EMPLOYEES OF CERCOM WOULD BE THE MOST APPROPRIATE
RESOLUTION OF THE PETITIONS BEFORE THE AUTHORITY. IN THIS REGARD, THE
ACTIVITY AND NFFE EMPHASIZE THE DISTINCTNESS OF HISA WITHIN CERCOM AND A
LONG HISA HISTORY OF SUCCESSFUL LABOR-MANAGEMENT RELATIONS.
THE ACTIVITY IS ONE OF FIVE MAJOR SUBORDINATE COMMODITY COMMANDS OF
THE U.S. ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND (DARCOM). ITS
RESPONSIBILITIES INCLUDE PURCHASING, SUPPLYING, AND MAINTAINING
EQUIPMENT ISSUED TO THE ARMY IN ALL AREAS OF ELECTRONICS AND
COMMUNICATIONS. IT IS DIVIDED INTO THREE MAJOR COMPONENTS: THE COMMAND
GROUP, THE FUNCTIONAL DIRECTORATES, AND A STAFF GROUP. THE RECORD
INDICATES THAT IN ACCOMPLISHING ITS OVERALL MISSION OF DEVELOPING,
PURCHASING, SUPPLYING, AND MAINTAINING EQUIPMENT, THE ACTIVITY UTILIZES
WHAT IS REFERRED TO AS "LIFE-CYCLE MANAGEMENT TECHNIQUES." THIS SYSTEM
PROVIDES FOR THE DEVELOPMENT OF A COMMODITY THROUGH AN INTEGRATED WORK
PROCESS INVOLVING DIFFERENT FUNCTIONAL DIRECTORATES AS WELL AS VARIOUS
OTHER ACTIVITY OFFICES. THUS, EVEN THOUGH EACH DIRECTORATE PERFORMS ITS
WON PARTICULAR FUNCTION, EACH DIRECTORATE IS TO A CERTAIN EXTENT
DEPENDENT UPON OTHER DIRECTORATES FOR THE SUCCESSFUL COMPLETION OF ITS
MISSION. THE COMMAND GROUP, THE COMMANDING GENERAL AND HIS STAFF,
EXERCISES IMMEDIATE SUPERVISION OVER ALL FUNCTIONAL DIRECTORATES AND
STAFF GROUPS.
HISA IS A SUBORDINATE COMMAND WITHIN HEADQUARTERS CERCOM, THE
ACTIVITY, AND IS PART OF ITS STAFF GROUP. THE RECORD REVEALS THAT
HISA'S MISSION IS TO PROVIDE INSTALLATION AND SUPPORT SERVICES NORMALLY
ASSOCIATED WITH ITS FUNCTION AS THE CUSTODIAN AND CARETAKER OF FT.
MONMOUTH. HISA ALSO SERVES AS PRINCIPAL STAFF ASSISTANT AND ADVISOR TO
THE COMMANDING GENERAL OF CERCOM ON ALL MATTERS RELATED TO THE
MANAGEMENT AND UTILIZATION OF THE PHYSICAL PLANT AND PERTINENT
LOGISTICAL SUPPORT SERVICES OF ALL CERCOM ACTIVITIES WORLDWIDE. HISA
ADDITIONALLY, PROVIDES POLICY, PLANS FOR, AND EXERCISES COMMAND
SUPERVISION OVER ALL COMMAND LOGISTICAL SUPPORT SERVICES. AT THE TIME
OF THE HEARING HEREIN, CERCOM EMPLOYED APPROXIMATELY 3235 GENERAL
SCHEDULE (GS) EMPLOYEES AND 7 WAGE GRADE (WG) EMPLOYEES, WHILE HISA
EMPLOYED APPROXIMATELY 460 GS EMPLOYEES AND 333 WG EMPLOYEES.
THREE UNITS OF RECOGNITION IN HISA ARE PRESENTLY COVERED BY
COLLECTIVE BARGAINING AGREEMENTS. /1/ THE PARTIES STIPULATED THAT THESE
UNITS SHOULD BE EXCLUDED FROM ANY UNIT FOUND APPROPRIATE. TWO EXISTING
UNITS OF RECOGNITION NOT COVERED BY AGREEMENTS ARE INCLUDED WITHIN THE
AFGE PETITIONED-FOR UNIT. ONE IS AFGE'S UNIT OF PROFESSIONAL AND
NONPROFESSIONAL EMPLOYEES IN CERCOM'S DIRECTORATE OF MAINTENANCE
ENGINEERING, WHICH WAS CERTIFIED IN 1970, AND THE OTHER IS NFFE'S
NONPROFESSIONAL UNIT OF HISA PICTORIAL AND AUDIO-VISUAL EMPLOYEES, WHICH
WAS RECOGNIZED IN 1967. /2/ WITH REGARD TO THE BARGAINING HISTORY OF
THE HISA UNITS, ACTIVITY WITNESSES TESTIFIED TO THE EFFECT THAT
LABOR-MANAGEMENT RELATIONS IS A CERCOM DIRECTORATE OF PERSONNEL AND
TRAINING RESPONSIBILITY. IN PRACTICE, HOWEVER, HISA MANAGEMENT HANDLES
ITS OWN LABOR RELATIONS MATTERS WITH SOME STAFF SUPPORT AND ADVICE FROM
THE DIRECTORATE OF PERSONNEL AND TRAINING. ACTIVITY WITNESSES STATED
THAT THE DIRECTORATE "ASSISTS" BUT DOES NOT DIRECT THE HISA COMMANDER IN
NEGOTIATIONS WITH HISA LABOR ORGANIZATIONS.
THE RECORD ESTABLISHES: THAT HISA AND CERCOM EMPLOYEES SHARE A
COMMON ACTIVITY-WIDE AREA OF COMPETITION FOR MERIT PROMOTIONS; THAT
BOTH GROUPS OF EMPLOYEES ARE SERVICED BY A CENTRAL CIVILIAN PERSONNEL
OFFICE AND FINANCE OFFICE WITHIN CERCOM; AND, THAT ALL HISA EMPLOYEES
ARE SUBJECT TO CERCOM PERSONNEL POLICIES, REGULATIONS AND OVERALL
SUPERVISION. THE RECORD FURTHER ESTABLISHES THAT CERCOM IS AN
INTEGRATED ORGANIZATION WITH SPECIALIZED DIVISIONS, OF WHICH HISA IS
ONE, AND THAT THE SPECIALIZED MISSION OF THE VARIOUS DIVISIONS
CONTRIBUTES TO AND HAVE IMPACT UPON THE PERFORMANCE OF OTHER
ORGANIZATIONAL DIVISIONS. /3/ THE RECORD FURTHER ESTABLISHES THAT WHILE
NUMEROUS JOB CLASSIFICATIONS AND SKILLS ARE NOT FOUND IN BOTH HISA AND
CERCOM, A GREAT MANY OTHER JOB SKILLS AND FUNCTIONS ARE COMMON TO BOTH
COMMANDS. NOTWITHSTANDING THE ABOVE, IN SUPPORT OF ITS POSITION
FAVORING A SEPARATE UNIT OF RECOGNITION FOR HISA EMPLOYEES, THE ACTIVITY
OFFERED EVIDENCE TO THE EFFECT THAT THERE WAS LITTLE JOB INTEGRATION,
INTERCHANGE OR TRANSFER OF CERCOM AND HISA EMPLOYEES AND THAT THE
MAJORITY OF JOB CLASSIFICATIONS, SKILLS AND DUTIES OF EMPLOYEES IN
CERCOM AND HISA DIFFER. ACTIVITY WITNESSES STATED THAT, WHILE A SMALL
NUMBER OF CLERICAL AND ADMINISTRATIVE PERSONNEL INTERCHANGE OCCURS, THIS
INTERCHANGE IS NO GREATER BETWEEN EMPLOYEES OF HISA AND CERCOM THAN THAT
OCCURRING BETWEEN HISA AND OTHER COMMANDS AT FT. MONMOUTH. THE ACTIVITY
ALSO INTRODUCED EVIDENCE TO THE EFFECT THAT HISA EMPLOYEES PRIMARILY
WORK IN THE POST COMPLEX, APPROXIMATELY TWO MILES FROM THE CERCOM OFFICE
BUILDING, WHERE MOST CERCOM EMPLOYEES WORK; THAT HISA AND CERCOM
EMPLOYEES PRIMARILY USE SEPARATE EATING AND PARKING FACILITIES; AND,
THAT CERCOM AND HISA EMPLOYEES HAVE SEPARATE AREAS OF COMPETITION FOR
REDUCTION IN FORCE.
BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE UNIT SOUGHT BY
THE AFGE CONSTITUTES AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION UNDER EXECUTIVE ORDER 11491, AS AMENDED. AS NOTED ABOVE,
THE RECORD ESTABLISHES THAT THE ACTIVITY IS AN INTEGRATED ORGANIZATION
SHARING A COMMON OVERALL MISSION AND SUPERVISION, THAT ALL ACTIVITY
EMPLOYEES SHARE AN ACTIVITY-WIDE AREA OF COMPETITION FOR MERIT
PROMOTIONS, THAT ALL ACTIVITY EMPLOYEES ARE SERVICED BY A CENTRAL
CIVILIAN PERSONNEL OFFICE AND FINANCE OFFICE, AND, THAT THEY ENJOY
COMMON ACTIVITY-WIDE PERSONNEL POLICIES AND PRACTICES. THUS, UNDER THE
CIRCUMSTANCES OF THIS CASE, THE AUTHORITY FINDS THAT THE EMPLOYEES IN
THE AFGE CERCOM-WIDE UNIT SHARE A CLEAR AND IDENTIFIABLE COMMUNITY OF
INTEREST, AND, FURTHER THAT SUCH A UNIT WOULD PROMOTE EFFECTIVE DEALINGS
AND EFFICIENCY OF ACTIVITY OPERATIONS. IN THIS LATTER REGARD, THE
AUTHORITY NOTES THAT PERSONNEL AND LABOR RELATIONS POLICIES AND
PRACTICES ARE ESTABLISHED AT THE ACTIVITY LEVEL AND THAT THE CLAIMED
UNIT CONFORMS TO THE ORGANIZATIONAL STRUCTURE OF THE ACTIVITY.
MOREOVER, SUCH A UNIT IS CONSISTENT WITH THE POLICY OF THE ORDER OF
PREVENTING FURTHER FRAGMENTATION OF BARGAINING UNITS, AS WELL AS
REDUCING EXISTING FRAGMENTATIONS, AND PROMOTES A MORE COMPREHENSIVE
BARGAINING UNIT STRUCTURE. /4/
BASED ON THE FOREGOING, THE AUTHORITY FURTHER FINDS THAT THE UNIT OF
CERCOM EMPLOYEES EXCLUDING HISA EMPLOYEES SOUGHT BY THE NFFE DOES NOT
CONSTITUTE AN APPROPRIATE UNIT FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
UNDER EXECUTIVE ORDER 11491, AS AMENDED. IN THIS REGARD, THE RECORD
ESTABLISHES THAT SUCH A UNIT WOULD NOT POSSESS A CLEAR AND IDENTIFIABLE
COMMUNITY OF INTEREST SEPARATE AND DISTINCT FROM OTHER CERCOM EMPLOYEES,
NOR FOR THE REASONS STATED ABOVE WOULD SUCH A UNIT PROMOTE EFFECTIVE
DEALINGS AND EFFICIENCY OF AGENCY OPERATIONS. ACCORDINGLY, THE
AUTHORITY WILL DISMISS THE NFFE PETITION HEREIN.
BASED ON THE FOREGOING, THE AUTHORITY FINDS THAT THE FOLLOWING UNIT
IS APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION UNDER SECTION
10(B) OF EXECUTIVE ORDER 11491, AS AMENDED: /5/
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS, AND EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
AS STATED ABOVE, THE UNIT FOUND APPROPRIATE INCLUDES PROFESSIONAL OF
THE ORDER FROM INCLUDING PROFESSIONAL EMPLOYEES IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES UNLESS A MAJORITY OF THE PROFESSIONAL
EMPLOYEES VOTES FOR INCLUSION IN SUCH A UNIT. ACCORDINGLY, THE DESIRES
OF THE PROFESSIONAL EMPLOYEES AS TO INCLUSION IN A UNIT WITH
NONPROFESSIONAL EMPLOYEES MUST BE ASCERTAINED. THE AUTHORITY SHALL
THEREFORE DIRECT THAT SEPARATE ELECTIONS BE CONDUCTED IN THE FOLLOWING
GROUPS:
VOTING GROUP (A): ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS, AND EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
VOTING GROUP (B): ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS,
AND EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
PURELY CLERICAL CAPACITY.
EMPLOYEES IN THE NONPROFESSIONAL VOTING GROUP (B) WILL BE POLLED
WHETHER THEY DESIRE TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
1904, AFL-CIO; THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476;
OR BY NEITHER A OF THESE LABOR ORGANIZATIONS.
EMPLOYEES IN THE PROFESSIONAL VOTING GROUP (A) WILL BE ASKED TWO
QUESTIONS ON THEIR BALLOTS: (1) WHETHER THEY WISH TO BE INCLUDED WITH
THE NONPROFESSIONAL EMPLOYEES FOR THE PURPOSE OF EXCLUSIVE RECOGNITION,
AND (2) WHETHER THEY WISH TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE
RECOGNITION BY THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL
1904, AFL-CIO; THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476;
OR BY NEITHER OF THESE LABOR ORGANIZATIONS. IN THE EVENT THAT A
MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) ARE CAST IN FAVOR OF
INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL EMPLOYEES, THE BALLOTS OF
VOTING GROUP (A) SHALL BE COMBINED WITH THOSE OF VOTING GROUP (B).
UNLESS A MAJORITY OF THE VALID VOTES OF VOTING GROUP (A) ARE CAST FOR
INCLUSION IN THE SAME UNIT AS NONPROFESSIONAL EMPLOYEES, THEY WILL BE
TAKEN TO HAVE INDICATED THEIR DESIRE TO CONSTITUTE A SEPARATE UNIT, AND
AN APPROPRIATE CERTIFICATION WILL BE ISSUED BY THE REGIONAL DIRECTOR
INDICATING WHETHER THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,
LOCAL 1904, AFL-CIO; THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES,
LOCAL 476; OR NEITHER OF THESE LABOR ORGANIZATIONS WAS SELECTED BY THE
PROFESSIONAL EMPLOYEE UNIT.
THE UNIT DETERMINATION IN THE SUBJECT CASE THUS IS BASED IN PART UPON
THE RESULTS OF THE ELECTION AMONG THE PROFESSIONAL EMPLOYEES. HOWEVER,
THE AUTHORITY MAKES THE FOLLOWING FINDINGS IN REGARD TO THE APPROPRIATE
UNIT:
1. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES DOES NOT VOTE FOR
INCLUSION IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE
AUTHORITY FINDS THE FOLLOWING UNITS APPROPRIATE FOR THE PURPOSE OF
EXCLUSIVE RECOGNITION WITHIN THE MEANING OF SECTION 10 OF THE ORDER:
(A) ALL PROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS AND
ELECTRONICS MATERIEL
READINESS COMMAND LOCATED AT FT. MONMOUTH EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES ENGAGED
IN FEDERAL PERSONNEL WORK
IN OTHER THAN A PURELY CLERICAL CAPACITY.
(B) ALL NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY COMMUNICATIONS AND
ELECTRONICS MATERIEL
READINESS COMMAND LOCATED AT FT. MONMOUTH, EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED
FUND EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS, AND EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL
WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
2. IF A MAJORITY OF THE PROFESSIONAL EMPLOYEES VOTES FOR INCLUSION
IN THE SAME UNIT AS THE NONPROFESSIONAL EMPLOYEES, THE AUTHORITY FINDS
THE FOLLOWING UNIT APPROPRIATE FOR THE PURPOSE OF EXCLUSIVE RECOGNITION
WITHIN THE MEANING OF SECTION 10 OF THE ORDER:
ALL PROFESSIONAL AND NONPROFESSIONAL EMPLOYEES OF THE U.S. ARMY
COMMUNICATIONS AND
ELECTRONICS MATERIEL READINESS COMMAND LOCATED AT FT. MONMOUTH,
EXCLUDING FIREFIGHTERS,
GUARDS, NONAPPROPRIATED FUND EMPLOYEES, MANAGEMENT OFFICIALS,
SUPERVISORS, AND EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY.
DIRECTION OF ELECTION
AN ELECTION BY SECRET BALLOT SHALL BE CONDUCTED AMONG THE EMPLOYEES
IN THE UNIT FOUND APPROPRIATE AS SOON AS POSSIBLE BUT NOT LATER THAN 60
DAYS FROM THE DATE BELOW. THE APPROPRIATE REGIONAL DIRECTOR SHALL
SUPERVISE THE ELECTION, SUBJECT TO THE AUTHORITY'S TRANSITION RULES AND
REGULATIONS. ELIGIBLE TO VOTE ARE THOSE IN THE UNIT WHO WERE EMPLOYED
DURING THE PAYROLL PERIOD IMMEDIATELY PRECEDING THE DATE BELOW,
INCLUDING EMPLOYEES WHO DID NOT WORK DURING THAT PERIOD BECAUSE THEY
WERE OUT ILL, OR ON VACATION, OR ON FURLOUGH, INCLUD'NG THOSE IN THE
MILITARY SERVICE WHO APPEAR IN PERSON AT THE POLLS. INELIGIBLE TO VOTE
ARE EMPLOYEES WHO QUIT OR WHO WERE DISCHARGED FOR CAUSE SINCE THE
DESIGNATED PAYROLL PERIOD AND WHO HAVE NOT BEEN REHIRED OR REINSTATED
BEFORE THE ELECTION DATE. THOSE ELIGIBLE SHALL VOTE WHETHER THEY DESIRE
TO BE REPRESENTED FOR THE PURPOSE OF EXCLUSIVE RECOGNITION BY THE
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1904, AFL-CIO; THE
NATIONAL FEDERATION OF FEDERAL EMPLOYEES, LOCAL 476; OR NEITHER.
ORDER
IT IS HEREBY ORDERED THAT THE PETITION IN CASE NO. 32-5451(RO) BE,
AND IT HEREBY IS, DISMISSED.
ISSUED, WASHINGTON, D.C., JUNE 29, 1979
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
/1/ THESE THREE UNITS ARE: A UNIT OF GUARDS IN THE PHYSICAL SECURITY
BRANCH, A NFFE UNIT RECOGNIZED IN 1966; A UNIT OF NONAPPROPRIATED FUND
EMPLOYEES, A NFFE UNIT CERTIFIED IN 1976; AND A UNIT OF FIREFIGHTERS IN
THE FIRE DEPARTMENT, AN IAFF UNIT RECOGNIZED IN 1965.
/2/ THE PARTIES STIPULATED THAT A ONE-YEAR CONTRACT EXTENSION FOR
NFFE'S UNIT OF CERCOM-HISA, PICTORIAL AUDIO-VISUAL DIVISION EMPLOYEES
EXPIRED WITHOUT RENEWAL PRIOR TO THE FILING OF THE AFGE PETITION ON JUNE
15, 1978.
/3/ CERCOM REGULATION NO. 10-1 "CERCOM ORGANIZATION, MISSION, AND
FUNCTIONS" (19 JUNE 1978).
/4/ DEPARTMENT OF STATE, PASSPORT OFFICE, CHICAGO PASSPORT AGENCY,
CHICAGO, ILLINOIS, A/SLMR NO. 697, AS SUPPLEMENTED BY A/SLMR NO. 929 AND
1108, FLRC NO. 76A-149 (DECEMBER 28, 1978); DEFENSE SUPPLY AGENCY,
DEFENSE CONTRACT ADMINISTRATION SERVICES REGION (DCASR), CLEVELAND,
OHIO, DEFENSE CONTRACT ADMINISTRATION SERVICES OFFICES (DCASO'S), AKRON,
OHIO, AND COLUMBUS, OHIO, A/SLMR NO. 687, 6 A/SLMR 405, 5 FLRC 631, FLRC
NO. 76A-97 (JULY 20, 1977).
/5/ IN CONFORMITY WITH SECTION 902(B) OF THE CIVIL SERVICE REFORM ACT
OF 1978 (92 STAT. 1224), THE INSTANT CASE WAS DECIDED SOLELY ON THE
BASIS OF E.O. 11491, AS AMENDED, AND AS IF THE NEW FEDERAL SERVICE
LABOR-MANAGEMENT RELATIONS STATUTE (92 STAT. 1191) HAD NOT BEEN ENACTED.
THE DECISION, ORDER AND DIRECTION OF ELECTION DOES NOT PREJUDGE IN ANY
MANNER EITHER THE MEANING OR APPLICATION OF RELATED PROVISIONS IN THE
NEW STATUTE OR THE RESULT WHICH WOULD BE REACHED BY THE AUTHORITY IF THE
CASE HAD ARISEN UNDER THE STATUTE RATHER THAN THE ORDER.